When filing for divorce, your complaint for divorce and summons for divorce must include your “grounds,” or rather, the reason why you want to dissolve the marriage. In New York, individuals can file under either fault, or no-fault divorce grounds.
While fault-based grounds still exist, they have sat essentially unused since New York State implemented no-fault divorce in 2010. In order to use these grounds, you will need to sign an affidavit stating that your marriage has been “irretrievably broken” for a period of 6 months or more. This is your own subjective belief and there is no requirement that the 6 months be consecutive. Once this affidavit is signed, you will be able to qualify for an uncontested divorce if you prove that the following issues are resolved (if they apply to your case): custody, child support, maintenance, property and debt division, and counsel fees.